Salisbury Municipal Code
Title 6
ANIMALS
Chapters:
6.04 DOGS, FOWL AND OTHER ANIMALS
Chapter 6.04
Sections:
6.04.010 Definitions.
6.04.020 Keeping of swine within city limits prohibited.
6.04.030 Maintenance of stables and stable yards.
6.04.040 Maintenance of fowl within residential districts
prohibited.
6.04.050 Cruelty to animals prohibited--Animal care.
6.04.060 Damage or destruction of zoo animals and birds
prohibited--Trespassing on zoo property.
6.04.070 Running at large prohibited.
6.04.080 Impounding of animals.
6.04.090 Female dogs in heat--Impoundment and redemption
procedures.
6.04.100 Frequent and disturbing noise by dogs.
6.04.110 Duration of impoundment--Destruction.
6.04.120 Wearing of dog license.
6.04.130 Seizure of vicious or rabid dog.
6.04.140 Impoundment of vicious dog.
6.04.150 Pet shop.
6.04.160 Rabies vaccinations required.
6.04.170 Motorist striking dog.
6.04.180 Confinement.
6.04.190 Hindering an animal control officer in performance
of duty.
6.04.200 Tampering with traps or cages.
6.04.210 Inspection of kennels.
6.04.220 Number of animals--Permit required.
6.04.230 Potentially dangerous dog.
6.04.240 Dangerous dog.
6.04.250 Public nuisances.
6.04.260 Dogs on school grounds prohibited.
6.04.270 Farm animals prohibited.
6.04.280 Violation--Penalty.
6.04.290 Applicability and enforcement.
6.04.300 Invalidity.
Section 6.04.010 Definitions.
As used in this chapter, unless the context otherwise
indicates, the following terms shall have the meanings indicated:
"Animal" means every non-human species of mammal.
"Animal control officer" means any person designated as
having the authority to enforce the laws of this chapter.
"At large" means off the premises of the custodian and
not under the control of the custodian by leash, cord or chain.
Collar, Chain or Pens. The collar should be loose enough
around the animal's neck to prevent injury. Chains must be positioned to
prevent tangling. Chains must be long enough to allow the animal movement
away from the bedding and feces areas. The chain should be strong enough
to restrain the animal in relation to the animal's size. The pen should
be sturdy enough to restrain the animal. The size of the pen should be
determined by the size of the animal, allowing free movement.
"Kennel" means any licensed business that shall house
or safekeep animals on a temporary basis during an owner's absence.
"Owner/custodian" means any person owning, keeping, harboring
or entrusted to safekeep an
animal or any persons allowing animals to be
housed, harbored or kept on said person's property. Animals owned by persons
under the age of eighteen shall, for the purpose of this chapter, be considered
owned by said persons' parent/guardian.
"Person" means any person, corporation, partnership, association
or joint venture.
"Pet shop" means any licensed business that shall have
as its primary purpose the selling of animals and animal supplies to the
public.
"Sanitary living conditions" means free from fecal build
up. Animal should be able to move around without making contact with any
fecal build up.
"Secure enclosure" means two chain link mesh enclosures,
one of which fits inside the other, both having the following:
1. A chain link mesh or wood ceiling and chain link mesh
sides;
2. The ceiling of the inner enclosure must be securely
attached to the sides of the inner enclosure and the ceiling of the outer
enclosure must be securely attached to the sides of the outer enclosure.
3. The gates for both enclosures shall be securely locked.
4. The inner enclosure must also have a solid impenetrable
floor.
Shelter. The shelter should be of solid construction with
no cracks or openings other than the entrance. The shelter should be large
enough to allow the animal to stand, turn around and lie down comfortably.
The shelter should be small enough to allow the animal to warm the interior
with its body heat. The door should be just large enough to allow the animal
to enter easily. There should be bedding such as cedar chips or straw during
the fall and winter months. The shelter should be made of wood or plastic
with no metal interior parts. Lightweight shelters should be secured to
the ground to prevent roiling over. Trash cans will not be accepted as
adequate shelter. All animals left outside for more than thirty (30) minutes
must be provided with shelter. During the summer months, outside animals
must be provided with shade from the sun.
Sufficient Living Space. Area around animal should be
clean and there should not be any trash, junk or any other materials preventing
the free movement of the animal. (Ord. 1709 § 1 (part), 1999)
Section 6.04.020 Keeping of swine within city limits prohibited.
No person shall keep, raise or maintain swine within the
corporate limits of the city. The provisions of this section shall not
be construed to apply to the operating of any licensed slaughterhouse located
within the corporate limits of the city. (Ord. 1709 § 1 (part), 1999)
Section 6.04.030 Maintenance of stables and stable yards.
All stables and stable yards shall be kept in a clean
and sanitary condition at all times, and no manure shall be allowed to
accumulate in the stables or yards. (Ord. 1709 § 1 (part), 1999)
Section 6.04.040 Maintenance of fowl within residential districts
prohibited.
No person shall keep, own, maintain, use or have in his
possession any live chickens, turkeys, guineas, geese, ducks or pigeons
within any residential district within the corporate limits of the city
of Salisbury, other than in a municipal park or licensed slaughterhouse.
(Ord. 1709 § 1 (part), 1999)
Section 6.04.050 Cruelty to animals prohibited--Animal care.
A. No person shall overdrive, override, overload, torture,
ill treat, cruelly or unnecessary beat, maim, mutilate or kill (not including
veterinary euthanasia) any animal, whether belonging to himself or another,
or permit such acts to be done by another; nor shall said person instigate,
engage in or in any way further any act of cruelty to any animal. The above,
as refers to the killing of animals, shall not apply to slaughterhouses
or poultry processing plants.
B. No person shall fall to provide an animal under his
control with:
1. Sufficient quantities of food and water to maintain
such animal in good condition. Water containers should be secured in a
manner to prevent overturning.
2. Sufficient air and ventilation to maintain such animal
in good condition.
3. Shelter and protection from the weather.
4. Veterinary care when needed to prevent undue suffering.
5. Sanitary living conditions.
6. Sufficient living space.
7. Proper collar, or chains, or pens.
C. No person shall leave an animal unattended in a motor
vehicle in a manner that endangers the health or safety of the animal.
Animals shall not be left unattended in said vehicle for a time period
greater than twenty (20) minutes. (Ord. 1709 § 1 (part), 1999)
Section 6.04.060 Damage or destruction of zoo animals and birds prohibited--Trespassing on zoo property.
No person shall willfully damage or destroy, hunt, shoot,
kill, catch, trap, poison, wound, remove, drive off or enclose any birds,
animals or young or eggs of such birds or animals, while such are kept
or maintained in the city zoo. (Ord. 1709 § 1 (part), 1999)
Section 6.04.070 Running at large prohibited.
No custodian or keeper of any dog shall permit such dog
to run at large. (Ord. 1709 § 1 (part), 1999)
Section 6.04.080 Impounding of animals.
A. The animal control authority may seize and impound
any animal found to be in violation of any code under this chapter. The
custodian shall be entitled to resume possession of the animal upon compliance
with the provisions of this chapter.
B. Impounded animals shall be kept for a minimum of six
days prior to euthanization; provided, however, that impounded animals
which show physical and behavioral evidence of being injured, wild, sick
with contagious disease or rabid may be immediately euthanized, without
notice to the custodian of such animal.
C. If the impounded animal is wearing a license or any
other reasonable means of identification, the Humane Society of Wicomico
County shall make reasonable attempts to notify the custodian within forty-eight
(48) hours, it shall post notice at city hall, at the usual place for posting
public notice, for a period of six days. Such notice shall give a reasonable
description of the animal, the time and place of impoundment and the business
hours during which the animal may be reclaimed.
D. An impounded animal may not be reclaimed until all
impounding charges have been paid, by the custodian or a person entrusted
by the custodian to care for such animal, to the Humane Society of Wicomico
County at a rate set by it to cover the expenses related to:
1. Impounding the animal;
2. Boarding the animal;
3. Giving notice to the custodian; and
4. Administering distemper shots to the animal.Such fees
shall be reasonable and shall not exceed ten dollars ($10.00) per day.
E. In addition to, or in lieu of, impounding an animal
found in violation of this chapter, the animal control officer may issue
to the known custodian of such animal a notice of violation of this chapter.
F. Any animal found in a critical condition from wounds,
injuries or disease may, at the discretion of the animal control officer,
the Humane Society of Wicomico County staff or a licensed veterinarian,
be euthanized. If the animal is suffering great pain, it may be euthanized
immediately and the custodian, if known, notified as soon as possible thereafter.
Neither the Humane Society of Wicomico County nor the animal control officer
shall be held liable for such an act.
G. The Humane Society of Wicomico County shall keep complete
and accurate records of the care
and disposition of all animals impounded
in the city of Salisbury.
H. Neither the Humane Society of Wicomico County nor its
employees shall be liable for injury or illness which occurs or is contracted
while an animal is confined at the Humane Society of Wicomico County. (Ord.
1709 § 1 (part), 1999)
Section 6.04.090 Female dogs in heat--Impoundment and redemption
procedures.
It shall be the custodian's responsibility to keep a dog
that is in heat confined to a building or other secure enclosure in such
manner as to prevent the attraction of other animals. If the same dog,
belonging to the same custodian, shall be impounded in heat for a second
time within twelve (12) months, such dog cannot be reclaimed by the custodian
thereof until the animal be spayed by a veterinarian at the request of
the Humane Society of Wicomico County and the custodian shall have paid
for the costs associated with the spaying of such animal. (Ord. 1709 §
1 (part), 1999)
Section 6.04.100 Frequent and disturbing noise by dogs.
No person shall keep any dog which, by frequent or long
continued noise, shall disturb the comfort or repose of any person in the
vicinity of such dog. (Ord. 1709 § 1 (part), 1999)
Section 6.04.110 Duration of impoundment--Destruction.
If an animal goes unclaimed for a period of a least six
days from the date of notice to the custodian, such animal may be euthanized.
Any animal which appears to be suffering from rabies or affected with hydrophobia,
mange or other infectious or dangerous disease shall not be released and
may be euthanized without notice. (Ord. 1709 § 1 (part), 1999)
Section 6.04.120 Wearing of dog license.
Every dog four months of age and older must have assigned
to it a current dog license issued by the Humane Society of Wicomico County.
A tag, evidencing the issuance of a license shall be affixed to a collar
kept about the dog's neck. No license can be issued unless the custodian
of such animal presents a certificate of inoculation against rabies. Moreover,
any and all fines assessed under this chapter must be paid prior to issuance
of current license. (Ord. 1709 § 1 (part), 1999)
Section 6.04.130 Seizure of vicious or rabid dog.
After making a reasonable effort to seize and impound
a vicious or rabid animal, an animal control officer may kill such animal
in as humane a manner as possible. Animal control officers may carry such
weapons in the performance of their duties as they shall be authorized,
from time to time, by the Salisbury police department. (Ord. 1807, 2001)
Section 6.04.140 Impoundment of vicious dog.
Any vicious dog having bitten a person or other domestic
animal may be impounded by the animal control officer and held until such
time as the custodian of said animal has submitted satisfactory evidence
to the animal control officer that adequate provisions have been made to
protect the public from said animal. (Ord. 1709 § 1 (part), 1999)
Section 6.04.150 Pet shop.
A. All pet shops within the city shall permit the city's
animal control officer, upon reasonable notice, to inspect the premises.
Said inspection shall be performed during normal business hours and shall
have the purpose of assuring compliance with the provisions of this chapter
as well as state law.
B. All pet shops shall, in addition to any other requirement
of law, comply with the following minimum standards:
1. No puppies or kittens shall be sold or given away that
are under eight weeks of age.
2. Any animal which exhibits symptoms of disease or illness
shall be separated to the greatest extent possible from other healthy animals.
3. Any animal which is known to have or is suspected of
having a disease contagious or communicable to humans shall be treated
by a licensed veterinarian and shall not be offered for sale.
4. Fresh water shall be available to all animals and replaced
whenever necessary.
5. All areas of confinement, display areas and sales areas
shall be maintained in a sanitary condition. (Ord. 1709 § 1 (part),
1999)
Section 6.04.160 Rabies vaccinations required.
It is unlawful for any person to own, harbor or keep an
animal over the age of four months unless such an animal has been vaccinated
against rabies. It shall be the responsibility of every animal custodian
to have all animals over four months of age owned by him to be continuously
protected against contracting rabies. (Ord. 1709 § 1 (part), 1999)
Section 6.04.170 Motorist striking dog.
If a motor vehicle strikes a dog, the driver of the motor
vehicle shall immediately notify the city police. (Ord. 1709 § 1 (part),
1999)
Section 6.04.180 Confinement.
The police or animal control officer may direct that any
animal which has bitten, scratched or attacked any person, or is suspected
of having rabies, be confined for a ten-day observation period. Custodians
of animals which are required to be confined may be authorized to quarantine
their animals at home after the premises have been inspected by an animal
control officer. If the custodian's premises are found to be inadequate
for home confinement, the animal will be confined at the Humane Society
of Wicomico County at the custodian's expense. No person shall refuse to
surrender any animal for quarantine when the demand is made by the animal
control officer. No person shall release from confinement any such animal
or remove such animal from its place of confinement without the consent
of the animal control officer. The custodian of the quarantined animal
shall have such animal vaccinated against rabies within fifteen (15) days
after the confinement period. (Ord. 1709 § 1 (part), 1999)
Section 6.04.190 Hindering an animal control officer in performance
of duty.
It is unlawful for any person to interfere in any manner
with the animal control officer in the performance of his duties. (Ord.
1709 § 1 (part), 1999)
Section 6.04.200 Tampering with traps or cages.
It is unlawful to tamper with, damage or destroy any trap
or cage or to release any animal from a trap or cage set by the animal
control officer. (Ord. 1709 § 1 (part), 1999)
Section 6.04.210 Inspection of kennels.
All kennels within the city shall permit the city's animal
control officer, upon reasonable notice, to inspect the premises during
normal business hours. (Ord. 1709 § 1 (part), 1999)
Section 6.04.220 Number of animals--Permit required.
A. No person shall own more than a total of five animals
within the city without a valid permit issued by the Humane Society of
Wicomico County. The fee for a permit shall be five dollars ($5.00) payable
to the Humane Society of Wicomico County. An application for such a permit
shall be filed with the Humane Society of Wicomico County and shall identify
(1) the number and type of all animals the custodian proposed to keep;
and (2) the property where such animals will be kept.
B. Such permit shall be issued when it has been determined
by the animal control officer or Humane Society of Wicomico County that:
1. All sections of this chapter have been satisfied;
2. The size of the property and the shelter thereon are
adequate for the number or type of animals the custodian proposes to keep
on the property; and
3. The number and type of all animals the custodian proposes
to keep on the property will not have a material adverse effect on the
neighboring properties or the general welfare of such animals.
C. Such permit may be revoked for failing to abate violations
of this chapter within fifteen (15) days of notice to the custodian of
said violation(s) or in the event the custodian no longer satisfies the
criteria upon which the permit was issued. If such permit is revoked, it
shall be the custodian's responsibility to reduce the number of animals
to a permissible number, as set by the animal control officer or Humane
Society of Wicomico County, after due consideration of the factors set
forth in subsection B of this section.
D. If the applicant has withheld or falsified any information
on the permit application, the Humane Society of Wicomico County shall
refuse to issue a permit. (Ord. 1709 § 1 (part), 1999)
Section 6.04.230 Potentially dangerous dog.
A. For the purpose of this chapter a "potentially dangerous
dog" shall be defined as:
1. A dog which has inflicted a bite on a person either
on public or private property; or
2. A dog which has killed or inflicted injury to a domestic
animal when not on the owner's real property; or
3. Any dog which constitutes a physical threat to human
beings or animals by virtue of specific training or demonstrated behavior
including, but not limited to, chasing, charging, lunging, attacking or
in any way molesting.
B. Upon finding that an animal is a potentially dangerous
dog, the health officer or his/her designee shall notify the owner/custodian
in writing, giving the reasons for this determination.
C. An owner shall not leave a potentially dangerous dog
unattended on the owner's real property unless the dog is confined indoors
or in a locked and secure enclosure.
D. Upon receipt of written notification that the owner's
dog is a potentially dangerous dog, the owner shall pay for and attend
a certified obedience class, chosen by the animal control authority, with
the dog. Within ten days of the end of class, the owner shall provide documentation
to the animal control authority certifying successful completion of that
class.
E. Potentially dangerous dogs must be leashed and muzzled
while off the property of the owner.
F. Potentially dangerous dogs must be under the immediate
control of the owner while outside whether on the owner's property or not.
(Ord. 1709 § 1 (part), 1999)
Section 6.04.240 Dangerous dog.
A. For the purpose of this chapter a "dangerous dog" shall
be defined as:
1. A dog which has without provocation killed or inflicted
severe injury on a person; or
2. A dog which after having been deemed a potentially
dangerous dog under Section 6.04.230, subsequently engages in one or more
of the behaviors listed in Section 6.04.230.
B. No dog may be declared a dangerous dog if the threat,
injury or damage was sustained by a person who:
1. At the time was committing a willful trespass or other
tort upon the premise occupied by the owner or keeper of the animal;
2. Was tormenting, abusing or assaulting the animal; or
3. Was committing or attempting to commit a crime.
C. Upon finding that an animal is a dangerous dog, the
animal control officer or his designee shall notify the owner in writing,
giving the reasons for this determination.
D. An owner shall not leave a dangerous dog unattended
on the owner's real property unless the dog is confined indoors or in a
locked and secure enclosure.When a dangerous dog is not confined indoors
or locked in a secure enclosure, it shall be leashed and muzzled and under
the immediate control of the owner, whether the dog is on the owner's property
or not.
E. The animal control authority shall seize and impound
a dangerous dog, which engages in one or more of the following behaviors
after having previously been determined to be a dangerous dog:
1. Without provocation has killed, inflicted severe injury or
bitten a person; or
2. Has killed or inflicted severe injury to a domestic
animal; or
3. The dog or the dog's owner are found to be in violation
of any City Code under Chapter 6.04.
F. A dog seized or impounded under this section may, upon
order of the animal control officer or selected designee, be destroyed
for the protection of the public health, safety and welfare. If a dangerous
dog is returned, the owner must provide proof of spaying or neutering within
ten days to the animal control officer or the dangerous dog will be seized
and destroyed. (Ord. 1709 § 1 (part), 1999)
Section 6.04.250 Public nuisances.
A. It is unlawful for any owner to allow his animal to
become a public nuisance.
1. Any animal shall be determined a public nuisance when
it engages in activities that disturb the peace of any neighborhood.
2. Any animal that damages any property other than its
owner's.
3. Any animal that causes unsanitary, dangerous or offensive
conditions by virtue of the size or number of animals maintained at a single
location or due to the inadequacy of the facility.
4. Any animal that is restrained in a manner which allows
that animal to reach onto property that is not owned by the animal's owner.
5. Any animal that makes or causes noises audible within
a building or adjacent property and of sufficient volume so as to disturb
the quiet enjoyment of the occupants thereof.
B. Any person owning, possessing, harboring or having
the care, charge, control or custody of any dog shall immediately remove
and thereafter dispose of any fecal matter deposited by such dog on any
public property or on private property without the consent of the owner
or person in lawful possession of said property. For the purpose of this
section, such dog fecal matter shall be immediately removed by placing
said matter in a bag, wrapper or other container and thereafter disposing
of it by depositing said matter in a trash receptacle.
No person owning, possessing, harboring or having the
care, charge, control or custody of any dog, cat or other animal shall
knowingly permit any waste matter from the animal to collect and remain
on the owner's or custodian's property, or the property of others, so as
to cause or create an unhealthy, unsanitary, dangerous or offensive living
condition on the owner's or custodian's property or to the property of
others.
This section shall not apply to a person who has a physical
handicap which would prevent the person from complying with the requirements
of this section. (Ord. 1709 § 1 (part), 1999)
Section 6.04.260 Dogs on school grounds prohibited.
It is unlawful for any owner or custodian to permit his
dog to be on any school grounds on any day school is in session or on any
public recreation area where organized activity is being conducted, unless
such dog is controlled by a leash or similar device. (Ord. 1709 §
1 (part), 1999)
Section 6.04.270 Farm animals prohibited.
No person shall keep, raise, maintain, or have in his
possession any live cows, goats, sheep or other farm animals within the
corporate limits of the city other than a licensed slaughterhouse. (Ord.
1709 § 1 (part), 1999)
Section 6.04.280 Violation--Penalty.
Any violation of this chapter shall be punishable as a
municipal infraction. A fine of fifty dollars ($50.00) may be imposed for
each violation of this chapter. A fine of one hundred dollars ($100.00)
may be imposed for a second violation of this chapter. Each day a violation
continues shall be deemed a separate municipal infraction. (Ord. 1709 §
1 (part), 1999)
Section 6.04.290 Applicability and enforcement.
The city's animal control officer shall enforce the provisions
of this chapter. He shall have authority to issue citations for municipal
infractions pursuant to Chapter 1.16.
Nothing herein shall divest the city's animal control
officer of his right to bring criminal charges, under Maryland state law,
upon the swearing of a complaint. Moreover, the prosecution of a criminal
complaint shall not estop a municipal infraction issued hereunder. (Ord.
1709 § 1 (part), 1999)
Section 6.04.300 Invalidity.
In the event that any portion of this chapter is held
to be invalid, such invalidity shall not affect the other valid portions
of this chapter. (Ord. 1709 § 1 (part), 1999)